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Contingencies and Option <br />As set forth above Purchaser's obligation to close on its purchase of the described real property is <br />subject to approval of Purchaser's Special Use Permit by Pueblo County BOCC. Purchaser shall forthwith <br />make the appropriate application and take the necessary steps to submit the matter to Pueblo Country <br />for approval. To the extent necessary, Seller shall reasonably cooperate with Purchaser if Seller's <br />cooperation in required during the Sup application and approval process. Seiler shall not be made <br />financially liable or responsible for any cost or expense of the SUP application process and Purchaser <br />shall hold and keep Seller harmless from any and all costs of that process. <br />If SUP approval is not obtained within the thirty-six month period this Agreement shall terminate and no <br />longer be enforceable. Purchaser shall have thirty (30) days to close this Agreement and purchase the <br />property after approval, as set forth above. <br />Purchaser shall also have a thirty-six (35) month option to select either Option A or Option B, or both <br />Option A and B if in its' sole discretion Purchaser determines its request for a Special Use Permit is <br />better served by inclusion of Option A or B or both Options., or if said additional Parcels are beneficial <br />to Purchaser's application and use. If Purchaser so determines and notifies Seller it wishes to substitute <br />or add Parcels, this Agreement shall be modified so as to describe Option A or Option S or both Options <br />and further to the extent that substituting the two Parcels will increase the total acreage, the purchase <br />price shall increase by adding the sum of $400 per acre times the actual increase in total acres <br />purchased. Nothing herein shall limit or preclude Purchaser from purchasing Option A or Option B or <br />both Options if it so desires and exercises its right and option to do so as set forth herein. Consideration <br />for the option granted by this Agreement is a part of the $5040 non-refundable earnest money deposit. <br />The parties agree said consideration is adequate, and receipt of the same is acknowledged by Seiler. <br />Purchaser shall have the right to exercise this option to purchase or purchase in lieu of at any time <br />during the thirty-six (36) month period after acceptance and execution of this Agreement by giving <br />written notice to Seller of its intent to exercise the option. Delivery of said notice may occur in person, <br />by US Mail, certified and return receipt requested, or by email, if receipt of email is also requested. <br />Nothing herein shall limit or preclude Purchaser from closing its purchase at an earlier date, or before <br />final approval of its SLIP, if it desires to do so and notifies Seller it intends to close at a specific date and <br />time. In any event, said closing shall be conducted so as to preserve Seller's desire to treat this sale as <br />an IRC §7031 exchange. <br />Form of Funds; Time of Payment; Available Funds <br />All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing <br />costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer <br />funds, certified check, savings and loan teller's check and cashier's check (Good Funds). In the event <br />Seller does treat this sale as a §1031 exchange, all payments shall be to the qualified intermediary as <br />required by IRS code. <br />